Terms and Conditions (updated 26th January 2023)
1.1 These terms will apply to the hire of all camping equipment (“Equipment”) and other services (“the Services”) provided by Bears & Butterflies (“us” or “we”) to you (“you”) at any event (“the Event”). These terms together with your online booking form the agreement between you and us (“the Agreement”).
1.2 These terms and conditions may not be released, discharged, supplemented, interpreted, varied or modified in any manner except in writing signed by us or our duly authorised representative. These terms and conditions may be varied by us at any time by posting amended terms and conditions to our website. The terms and conditions which apply to your booking will be those terms and conditions applicable at the time of the booking subject to any variations that we are aware of notified to you in advance of an Event.
Services and Equipment
1.3 Details of all the Services and Equipment we can provide to you are available on our website. The Services and Equipment are subject to change.
1.4 We will endeavour to supply the Services and Equipment in accordance with your booking at all times.
1.5 We will endeavour to facilitate the provision of Services in accordance with your booking at all times, however we cannot be responsible for changes to the services provided by third parties.
1.6 We will endeavour to provide you with the particular Equipment you have booked but there may be times when we have to provide you with alternative equipment due to a lack of availability of certain Equipment or other circumstances. In such event we will provide you with alternative Equipment of the same or similar specifications and quality to that which you originally booked.
1.7 If on arrival at your event the Equipment we have supplied appears to be in an unsatisfactory condition you should notify us immediately and no later than 24 hours after the start of the Event. In such an instance, we will use reasonable efforts to change the Equipment as soon as is practicable, but we cannot guarantee this will always be possible. If you fail to notify one of our staff within such a timeframe then we cannot give any assurance that we will be able to supply you with different Equipment.
1.8 If at any time after you arrive at the Event the Equipment becomes damaged other than as a result of your actions or the actions of others using the Equipment with your consent (actual or implied), you should notify us immediately. Following inspection by one of our staff, if considered necessary and if replacement Equipment is available, we will use reasonable efforts to change or repair the Equipment as soon as is practicable. If we are to change the Equipment we will endeavour to provide you with alternative Equipment of the same or similar specifications and quality to that which you booked.
1.9 We charge a refundable damage deposit, a Preauthorised Payment will be taken from your credit or debit card when you check in at the festival.
1.10 The Services and Equipment will only be available for use during the dates and times specified by us when we confirm your booking. If you arrive at an Event before the “opening time” specified you will not be permitted to use the Services or Equipment until that time. You must return all Equipment to us before the specified “closing time”.
1.11 The Equipment shall remain our property at all times unless we have expressly confirmed otherwise to you.
1.12 You agree to use the Services and Equipment as they are intended to be used and shall keep the Equipment in good condition subject to any wear and tear that is consistent with normal and reasonable use.
1.13 You shall not put the Equipment to any use other than its intended use and accordingly shall not intentionally alter, modify or damage it without our prior consent.
1.14 The Equipment will only be suitable for weather conditions to the extent described by the Equipment manufacturers’ information or guidelines and we will not be responsible for any damage or loss you may suffer as a result of adverse weather conditions.
1.16 You should not tamper with the structure or any part of the Equipment.
1.17 You should not use any gas appliances or naked flames of any kind without the previous consent in writing of Bears and Butterflies.
1.18 No smoking or vaping is allowed in the tents.
1.19 No pets or animals of any kind are allowed in the tents. If it is found that animals have been in the tents additional charges will be incurred.
1.20 Please ensure that you are familiar with the instructions on our website and on our helpful information sheet found inside your tent about how to use the Equipment, particularly in the event of bad weather.
1.21 You shall take all reasonable measures to keep Bears and Butterflies equipment closed, dry and secure while not in use during the period of hire. In the event of water inside the Equipment you must report this to us immediately. Further action can only be considered if there is confirmation that the failure of the equipment is the fault. If replacement Equipment is available, we will use reasonable efforts to change or repair the Equipment as soon as is practicable. If we are to change the Equipment we will endeavour to provide you with alternative Equipment of the same or similar specifications and quality to that which you booked. No refunds or replacements can be issued if the failure is a result of incorrect usage or ambiguity surrounding this.
1.22 You agree to treat our staff, other users of our Services and Equipment and other individuals at an Event with respect at all times. Should you fail to do so or display any abusive, disrespectful or anti-social behaviour of any kind we reserve the right to refuse to provide any Services or Equipment to you and any refund will be at our absolute discretion.
1.23 You shall not allow anyone other than yourself and those on whose behalf you make the booking to use the Equipment or Services unless we expressly allow you to.
Bookings and Payment
1.24 All bookings of our Services must be made online (via the internet).
1.25 The price you will pay for the Services we supply to you will be the price displayed on our website at the time you make the booking (unless there is an error on the website).
1.26 Payment must be made in full at the time you make your booking. All payments must be made by credit or debit card online.
1.27 Upon receipt of payment in full we will send you an email confirming your booking. The email confirming your booking will contain a unique reference number. You must refer to this unique reference number on arrival at the event before we will allow you to use the Services or Equipment.
1.28 Payment for our Services and Equipment does not mean you own any such Equipment unless expressly stated otherwise.
Cancellations, Refunds and Booking Transfers
1.29 You may cancel your booking at any time prior to the start of the Event.
1.30 To cancel your booking you must notify us by email email@example.com
1.31 Bears and Butterflies retain the right to cancel a booking if they believe the windspeed, ground holding conditions and site exposure result in an unsafe environment for the tents and hirer. A full refund will be made to you.
1.32 If a customer wishes to transfer their booking to another name, they must notify us via email. Changes will be subject to a £10 fee. Booking transfers made to other names without the authorisation of the main office may render your booking null and void.
1.33 The Events for which you book our Services and Equipment are not owned or operated by us and we have no responsibility towards you for any part of the Event other than the Services and/or Equipment.
1.34 Each Event may be subject to its own particular rules and regulations and we encourage you to look at the website of the Event in question for all information regarding the Event other than in relation to our Services and Equipment.
1.35 We will not be held responsible for the actions of any individuals attending an Event nor if those actions affect your enjoyment of the Event or Services. This applies whether or not those individuals are using our Services or Equipment.
1.36 If an Event is cancelled for any reason we will refund you the entire price of your booking. If an Event is abandoned after it has started and you have begun using our Services and Equipment any refund we give you will be at our sole discretion.
1.37 For the avoidance of doubt, your booking does not include a ticket for an Event itself and will not gain you admission to the Event. Tickets for all Events should be purchased independently of your booking with us.
1.38 We will not be liable to you in any circumstances for any property damage or theft (and we recommend that you do not leave any valuables in the tents unattended at any time), for pure economic loss, or for any indirect or consequential loss or damage such as lost profit, lost opportunity, lost bargain, lost reputation, loss of anticipated savings or otherwise whether caused by our negligence, the negligence of our employees or agents or otherwise.
1.39 Our total liability including the liability of our agents, subcontractors and employees in respect of any Services or Equipment provided to you will (except in relation to personal injury or death caused by our negligence or the negligence of our employees or agents) be limited to the amount paid for your booking.
1.40 You accept that the limitations of our liability set out above are reasonable in all the circumstances. Nothing in these terms will limit or exclude our liability to you for death or personal injury arising as a result of our negligence or the negligence of our employees or agents.
1.41 You agree that you have the power to enter into this agreement.
1.42 You will not be entitled to withhold by way of set-off, deduction, counterclaim any amounts which you owe to us against any amounts that we may owe to you.
1.43 We may use employees or self-employed contractors and we shall have discretion as to which of our employees or subcontractors are assigned to perform the Services.
1.44 We will not be liable to you or be deemed to be in breach of these terms by reason of any delay in performing, or any failure to perform, any of our obligations, if the delay or failure was due to any cause beyond our reasonable control such as severe weather, a natural disaster, strikes, governmental action, terrorism, war and civil unrest.
1.45 Save in the case of fraud these terms represent the entire agreement between the parties and supersede any previous marketing information, representations or agreements whether recorded in writing or otherwise.
1.46 No term of this Agreement will be enforceable by virtue of the Contract (Rights of Third Parties) Act 1999 by any person that is not a party to it.
1.47 The parties agree that these terms are fair and reasonable in all the circumstances. However, if any provision of these terms is held not to be valid by a court of competent jurisdiction but would be valid if part of the wording were deleted, then such provision shall apply with such deletions as may be necessary to make it valid. If any of the provisions in these terms are held not to be valid the remaining provisions of these terms shall remain in full force and effect.
1.48 These conditions are governed by and construed in accordance with the laws of England and Wales. You agree, as we do, to submit to the non-exclusive jurisdiction of the English courts.
1.49 If you breach these terms and conditions and we decide to take no action or neglect to do so, then we will still be entitled to take action and enforce our rights and remedies for any other breach.